It is important to note that Florida law extends the “72-hour clock” if the period allowed for examination ENDS on a weekend or holiday. So if a patient’s “clock” started on, say a Thursday, 72 hours later would be Sunday So the receiving facility would have until Monday to discharge the patient. Well what if Monday is a holiday? Then the receiving facility would have until Tuesday to act. Thus, the patient could be involuntarily held under the Florida Baker Act law (Chapter 394, Florida Statutes) for longer than 72 hours. This is unfortunate given the fact that most facilities now-a-days can and do file with the court the required paperwork electronically. Florida courts do not have to be open to file electronically. It’s a shame because this extension of time for weekends and holidays is a holdover from the days when electronic filing did not exist.
